(A) This code and the fire safety rules of the Indiana Fire Prevention and Building Safety Commission shall apply to then existing structures, premises, and conditions in the city, with the exception of:
(1) Those which do not constitute a material hazard to life or property, as determined by the Chief of the city's Fire Department or his or her written designee. The Fire Chief or Fire Marshal shall have the authority to modify any of the provisions of this chapter upon application in writing by an appropriate person when there are practical difficulties in carrying out the strict letter of a requirement, provided that the spirit of this chapter shall be observed, public safety not materially compromised, and substantial equity accomplished. The particulars of any such modification when granted or allowed shall be entered upon the public records of the Fire Department and a signed copy shall be furnished to the applicant.
(2) Items transported under the jurisdiction of and in compliance with regulations prescribed by the armed forces of the United States or the State of Indiana.
(B) Nothing in this code shall indirectly or by implication abrogate, nullify, or abolish any requirement of the city governing structures. When the requirements of this code are more stringent than requirements established by other applicable authority, including but not limited to rules of Indiana’s Fire Prevention Building Safety Commission, the provisions of this chapter shall be the standard applied.
(C) The planning, design, and construction of structures shall be controlled by the requirements of the Indiana Fire Prevention and Building Safety Commission as they exist from time to time.
(D) Structures built or altered under and in full compliance with requirements applicable at the time of construction or alteration, and that have been properly maintained and used for such use as originally permitted, shall be exempt from the more stringent requirements of this code pertaining to any of the following:
(1) Fire protection of structural elements.
(2) Exits required, except as provided for existing buildings under this code.
(3) Isolation of hazardous operations and mixed uses; provided however that the Fire Chief shall require the installation of fire safety devices or systems (fire extinguishers, fire alarms, fire detection devices, similar systems) where they are reasonably deemed by the Chief to be necessary to materially reduce the risk to life or property. The Fire Chief may also prescribe limitations on the handling and storage of materials or substances, or upon operations, that are liable to cause fire, contribute to the spread of fire, or endanger life or property.
(Ord. 12-C-00, passed 8-29-00)